scholarly journals Taking Stock of Italian Commons: Un-Common Grounds?

2018 ◽  
pp. 38-57
Author(s):  
Margherita Pieraccini
Keyword(s):  
Social Movements ◽  
Property Rights ◽  
The Other ◽  
Property Law ◽  
The Public ◽  
Neoliberal Policies ◽  
New Commons ◽  
Legal Concepts ◽  
Customary Practices ◽  
Private Individual

This chapter provides a critical mapping of Italian commons, investigating the conceptualisation of property on both traditional commons (agricultural common land) and new commons (commoning projects and practices fighting neoliberal policies and laws). The key aim is to understand how traditional and new commons define and re-define property through law, customary practices and social movements and if there are similarities or differences between the two. Although both traditional and new commons attempt to transcend the public-state/private-individual dichotomy in property law and are permeated by a sustainability ethos, the differences between traditional commons and new commons are conspicuous, rendering impossible the transfer of legal concepts from one category to the other. Such differences relate to the substantive and procedural property rights of the actors involved and to their relationship with constitutional principles.

scholarly journals Monopolization Tendencies as a Result of the Neoliberal Policies in the Media Industry and a Look to the Last Half Century in the Example of Turkey

2015 ◽  
Author(s):  
Hüseyin Çelik
Keyword(s):  
The Other ◽  
Media Industry ◽  
The Public ◽  
Ownership Structures ◽  
Media Companies ◽  
Qualitative Research Design ◽  
The Media ◽  
Neoliberal Policies ◽  
The Government ◽  
Organic Bond

Economy politics that were formed with neoliberalism affected media industry like it affected all the other spheres of economy. The concentration of media structures in the world, the companies which work in the media industry being worked in the other spheres of economy, the struggle of these companies against the regulations about the media and their emphasis on the cancellation of these regulations; and the international activities of media companies attract the attention of the public for the last 50 years approximately. These developments in the media industry have been experienced in Turkey and these continued to be experienced. Neoliberal politics that were applied after 1980s caused important changes in the media industry. Another important point that attracts the attention is that even though the media actors have changed; the number of the structures that are active in media is limited and this number has not been changed for years. This paper aims to put forward the changes in the media industry in Turkey and the structures that have been shaped around these changes in the framework of neoliberal policies which were started in 1980s. In this paper a qualitative research design is used and ownership structures are analysed to investigate the changes in Turkey’s media industry since 1980s. Consequently it is seen that media actors have been changed but their numbers stayed the same. Furthermore the ownership structure of the media that is formed as a result of these developments and the organic bond between the Government is underlined.

scholarly journals PRIVATE AND PUBLIC INTEREST IN THE ‘INTERDICTUM NE QUID IN LOCO PUBLICO FIAT’

2018 ◽  
Vol 17 (4) ◽  
pp. 197-215
Author(s):  
Renata Kamińska
Keyword(s):  
Public Interest ◽  
The Other ◽  
Roman Law ◽  
Public Place ◽  
Public Places ◽  
The Public ◽  
Private And Public ◽  
Potential Damage ◽  
Scope Of Protection ◽  
Private Individual

Roman law accorded a broad scope of protection for public places. Te magistrates responsible for securing it were the curule and plebeian aediles, the censors, and the praetors. Praetors conducted this duty by promulgating interdicts. Ne quid in loco publico fat, which prohibited any activity or installation in a public place which could cause damage, stands out among the other praetorian interdicts. What made it special was that it could be applied both when the potential damage concerned the public interest (utilitas publica), and/or the interest of a private individual (utilitas privata). The damage (damnum) was defned as the loss of a beneft of whatsoever kind the private individual drew from his enjoyment of the public place in question.

scholarly journals Guarding a Cultural Icon: Concurrent Intellectual Property Regimes and the Perpetual Protection of Anne of Green Gables in Canada

2011 ◽  
Vol 56 (4) ◽  
pp. 1011-1055 ◽  
Author(s):  
Andrea Slane
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
The Other ◽  
Property Law ◽  
Cultural Significance ◽  
The Public ◽  
Public Benefit ◽  
Anne Of Green Gables ◽  
Property Regimes

This article uses the various intellectual property protections afforded to the classic children’s novel Anne of Green Gables as a means of illustrating the blurring between copyright, trademark, and official marks regimes in Canada. By not keeping these regimes distinct, the author argues, Canadian intellectual property law seriously threatens the integrity of the public domain, a central means by which an appropriate balance is struck between the interests of authors, other cultural producers, and the public at large. The blurring between regimes is located in three conceptual sites: origin in copyright versus source in trademark; reputation in copyright versus goodwill in trademark; and the weak requirement that a public authority serve a "public benefit" in order to qualify for official marks protection, without any consideration of the public interest served by the limitations on protections built into the other intellectual property regimes. Reinforcing the distinctions between regimes and clarifying the public benefit requirement for official marks would help protect the public domain from unjustified encroachments that potentially deprive us of access to creative works of shared cultural significance.

Property Rights over Money: the Italian Perspective and English Law

Global Jurist ◽  
2011 ◽  
Vol 11 (2) ◽  
Author(s):  
Ilaria Amelia Caggiano
Keyword(s):  
Property Rights ◽  
Legal System ◽  
The Other ◽  
Property Law ◽  
First Case ◽  
Italian Law ◽  
English Law

The work considers money in a different way depending on whether it is used as a means of payment or for other functions. Only in the first case it comes to evidence a characteristic proprietary regime which cuts across the different categories of property by which money assets are represented. In the other cases, money should be considered simply as a fungible asset. However, rules of specification of fungibles should be reconsidered. Specifically, the paper deals with the issues arising in transactions where money is transferred to an intermediary for management. It aims to show that the transferor or the beneficiary keeps real interests in the money transferred. It argues how these interests may be relevant to Italian law, by comparing it with the English legal system. The paper demonstrates that reference to property law may be useful for evaluating the quantum of rights of the transferor of money by referring to the concept of value and by the analysis of law of mixtures under the Italian and the English law. The analysis is worked out in terms of corporeal money but argues that law reaches equivalent outcomes for incorporeal money in the field under consideration.

The Judicial Council as an Aid to the Administration of Justice

1941 ◽  
Vol 35 (5) ◽  
pp. 925-933 ◽  
Author(s):  
Edson R. Sunderland
Keyword(s):  
The Other ◽  
Property Law ◽  
The Public ◽  
Administration Of Justice ◽  
The Law ◽  
Substantive Law

Procedure is the most difficult and the least satisfactory part of the law. It is the delay, expense, and uncertainty of litigation that has always aroused popular complaint; and these are mostly matters of procedure.Our substantive law, regulating rights and duties, is intricate enough, but on the whole it has been worked out by the courts and laid down in statutes in a way which seems to meet the general needs of society. The principles of property law, contracts, torts, trusts, agency, partnership, corporations, negotiable instruments, sales, and of all the other titles in the substantive field, are quite acceptable to the public. But when the machinery of the courts is invoked to administer these principles, interminable trouble results. Process must be issued and served to bring persons and property under the jurisdiction of the court, the parties must file their claims and defenses, objections must be heard and amendments made, evidence must be collected by various devices.

scholarly journals Islamic Law and Trademark Protection

2018 ◽  
Vol 6 (1) ◽  
pp. 1-28
Author(s):  
Sohaib Mukhtar
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Islamic Law ◽  
Legal Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Public ◽  
Goods And Services ◽  
Holy Quran ◽  
The Holy Quran

Protection of trademark in Islamic Law is covered under verses of the Holy Quran and traditions of Prophet Muhammad ﷺ. Trademark is one of the component of Intellectual Property Law, which is protected under Islamic Law. Islamic law are those teachings which were revealed on the last prophet Muhammad ﷺ, for the betterment of human beings in both worlds. Islamic Law protects rights of an individual whether they are material like property rights or immaterial like Intellectual Property rights. Protection of wealth is one of the Maqasid-ul-Sharia, which is the public right and are fully preserved under an Islamic Law. Almighty Allah says in the Holy Quran that “Do not eat the property of another with unlawful means except with a valid agreement, solemnized with a valid consent from both sides”. Prophet Muhammad ﷺ said that he who copies another’s work is not one of us. Prophet Muhammad ﷺ went to Syria as a trader with the wealth of his preceding wife Hazrat Khadija RA. Imam Abu Hanifa and Imam Bukhari used to work as traders besides their exceptional works in Fiqh and Hadith. All types of trade and investment activities are valid, legal and protected under Islamic Law unless clearly prohibited by Almighty Allah in the Holy Quran or by Prophet Muhammad ﷺ in the Sunnah. The transaction must be clear from Riba/Interest; which is an excess that has no corresponding consideration in exchange of property for property. The subject matter of the transaction must not be uncertain, and the purpose of the transaction and the activities governed under the contract must be legal under the light of the Holy Quran and Sunnah of Prophet Muhammad ﷺ. Intellectual Property is protected under Islamic Law, which is that area of law, which concerns legal rights, associated with creative efforts, commercial reputation and good will. Intellectual Property Law includes patent for the protection of inventions, copyright for the protection of literary and artistic works and trademark for the protection of marks, signs, words and trade names, which distinguishes goods and services of one undertaking from goods and services of other undertakings, which must be distinctive and non-descriptive because an undescriptive trademark is a unique trademark which is easy to be registered and adhered by the public at large. The purpose of trademark is to provide an opportunity to the public to distinguish goods and services of one undertaking from goods and services of other undertakings and to adhere the source of goods and services. Trademark is protected under Islamic Law, but it does not allow the right holder to held illegal activities under a legal trademark. The trademark which is protected under Islamic Law is that trademark which is used for the promotion of legitimate goods and services.

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

Analisa Wacana Pemberitaan Kasus Korupsi E-KTP Pada Media Kompas.com Terhadap Pembentukan Opini Publik

2019 ◽  
Vol 4 (1) ◽  
pp. 1-19
Author(s):  
Neri Widya Ramailis ◽  
Dede Nopendri
Keyword(s):  
Mass Media ◽  
Social Control ◽  
The Other ◽  
Main Function ◽  
General Knowledge ◽  
Visual Method ◽  
The Public ◽  
The Media ◽  
Private Entrepreneurs

Discourse is a series of sentences that relate and connect one proposition with the other propositions to from a unity. The main function of the news is not to warn, instruct, and make the public stunned, the main function of the news is to inform and then it is upto the public to utilize the news. There are two ways for the news to be useful to the public, the first to effort news as general knowledge and the second to effort the news a tool of social control. E-Ktp corruption cases are one of the biggest corruption cases that occurered in Indonesia. Therefore, many mass media reported heavilly on E-Ktp corruption cases, one of which was the kompas.com. furthermore, to find out how the writer gets the source the writer gets the source of data and information the writer uses the criminology visual method and then analyzes it using criminology newsmaking theory. However, the results of this study illustrate that the aspect highlighted are those of actors suspected of being involved in E-Ktp corruption cases. Where the media only emphasizes one institution, namely the people’s representative council, even though in this case the involved parties are not only the legislature but case the involved parties are not only the legislature but also from various institutions such as the interior ministry, state-owned enterprises, and private entrepreneurs. In the aspect of media projection Kompas.com make the bulk of the news about E- Ktp corruption cases as news headline and a tranding topic.

MUNDANE MIRACLES IN AWADH. ENCOUNTERS WITH THE REVEALED AND THE HIDDEN

2020 ◽  
pp. 130-140
Author(s):  
Maxim B. Demchenko ◽  
Keyword(s):  
The Other ◽  
Local People ◽  
Natural Phenomena ◽  
Mughal Empire ◽  
The Public ◽  
British Raj ◽  
The Subject ◽  
Other World ◽  
Better Than

The sphere of the unknown, supernatural and miraculous is one of the most popular subjects for everyday discussions in Ayodhya – the last of the provinces of the Mughal Empire, which entered the British Raj in 1859, and in the distant past – the space of many legendary and mythological events. Mostly they concern encounters with inhabitants of the “other world” – spirits, ghosts, jinns as well as miraculous healings following magic rituals or meetings with the so-called saints of different religions (Hindu sadhus, Sufi dervishes),with incomprehensible and frightening natural phenomena. According to the author’s observations ideas of the unknown in Avadh are codified and structured in Avadh better than in other parts of India. Local people can clearly define if they witness a bhut or a jinn and whether the disease is caused by some witchcraft or other reasons. Perhaps that is due to the presence in the holy town of a persistent tradition of katha, the public presentation of plots from the Ramayana epic in both the narrative and poetic as well as performative forms. But are the events and phenomena in question a miracle for the Avadhvasis, residents of Ayodhya and its environs, or are they so commonplace that they do not surprise or fascinate? That exactly is the subject of the essay, written on the basis of materials collected by the author in Ayodhya during the period of 2010 – 2019. The author would like to express his appreciation to Mr. Alok Sharma (Faizabad) for his advice and cooperation.

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